GENERAL:By using WebIntellects, Inc. services, you agree to use
the Internet in accordance with the laws and the ethical
rules established or to be set up in the future. Our Terms
and Conditions of Use policy is one of zero tolerance. We
reserve the right to immediately discontinue services without
liability, refund or continuance of any prepaid service fees.
By using WebIntellects services, you constitute your approval
of our policy.
BILLING - GENERAL:All accounts are set up on a pre-pay basis. All International
clients must pay by credit card. All accounts under $50.00/mo
must also be paid by credit card. Accounts over $50.00/mo
can be paid by check, money order or credit card. Customers
with accounts set up on a periodic credit card billing plan
must keep credit card information current. It is the customers'
responsibility to inform WebIntellects on changes in credit
card type, e-mail address or expiration date to their credit
card. Credit card accounts are billed once monthly or yearly,
depending on your billing cycle. If your credit card is declined
you will have seven days to make payment, after these seven
days, your account will be placed on hold until services
are paid for. All accounts paying by check have 28 days to
send in payment. After the 28-day mark, all accounts will
be placed on hold until payment is received. There is a $2.00
credit card resubmission fee if your credit card is declined
for three or more billing cycles. WebIntellects charges a
$25.00 return check fee on all returned checks and a $25.00
charge per wire transfer received. All accounts issuing chargebacks
against WebIntellects will be billed an additional $25.00
per chargeback. For more information, please view our Billing
Policy.
NOTE: All accounts billed to a credit card are automatically
renewed unless canceled prior to the renewal date. This applies
to all monthly, quarterly and yearly accounts.
BILLING TERM:After the initial thirty days of service, each customer
is committed to the remaining time on the service they purchased
and no refunds will be given. WebIntellects does not require
that you finish off each term and you are free to close your
account at anytime without any additional charges or fees.
However, WebIntellects will not pro-rate any return for unused
service. For example, if you have an account that you are
paying for monthly and you decide to close it a few days
after your last payment, you will not be issued any refund,
whether in full or pro-rated. By using WebIntellects, you
understand and agree to this billing term. You also understand
that while no refund will be issued, you are always free
to keep your account open for the full amount of time you
have paid for.
CANCELLATIONS:Almost all web hosting, E-commerce and Internet Access plans
include a 30-day money back guarantee. If for any reason
our services haven't exceeded your standards, please let
us know within the first 30 days of account activation and
we will refund the money paid for that first month of service
minus set-up fees and overage charges. Set-up fees are refundable
only if the account order is canceled prior to activation.
For web hosting contracts of 3 months or longer, the full
contract amount less any set-up fees and overages will be
refunded if WebIntellects is notified within the first 30
days following activation. No refund is available after the
30th day. Due to security concerns (such as fraudulent cancellations),
all account cancellations must be done through our cancellation
form via your Control Maestro™ Panel. E-mail requests
and phone calls will not constitute acceptance of any cancellation.
Refunds will be made by company check or issued back to your
credit card within 30 days of receipt of cancellation.
CONTENT:You will not in any way use html, java or perl code that
will result unnecessary traffic nor will you install any
client side applications that will result in excess traffic.
The intent of WebIntellects is to provide space to serve
web documents, not as an off-site storage area for electronic
files. You will also not misrepresent the site in such a
way that will result in needless traffic. Some examples of
unacceptable content or links include: pirated software,
hacker programs or archives, Warez sites, Spamware, Copyrighted
MP3s and IRC bots. WebIntellects does not support; (i) sexually
explicit, obscene or pornographic content (whether in text
or graphics); (ii) speech or images that are offensive, profane,
hateful, threatening, harmful, defamatory, libelous, harassing,
discriminatory (whether based on race, ethnicity, creed,
religion, gender, sexual orientation, physical disability
or otherwise) or that promote any illegal activity; and/or
(iii) graphic violence. We will terminate any account that
does not conform to these requirements. WebIntellects reserves
the right to terminate any account, for any reason, without
prior notice or warning.
E-MAIL:You will not send out advertising e-mail, unsolicited bulk
e-mail (UBE) or Spam, nor do anything that will result in
excess mail traffic. You will not use your E-mail account
to receive large files or programs over 5 MBs in size. Unsolicited
advertising via e-mail or newsgroups is prohibited and will
result in immediate account termination without compensation.
Spamming, including (but not limited to) mass e-mailing,
cross posting, or otherwise causing abuse to others on the
Internet is prohibited and will be grounds for account termination
without compensation. If you use the services of another
provider to promote a web site hosted by or through WebIntellects,
then the provisions of the above Policy shall apply as if
the unsolicited e-mail were sent through our servers.
NOTE: Any accounts caught Spamming, or running Spam scripts,
will be charged a $100 clean-up fee.
FILTERING/SPAM PREVENTION:WebIntellects uses two filters on all shared servers to
help reduce the amount of Spam our users receive. WebIntellects
has chosen ORDB.org, which is the Open Relay Database, and
www.spamcop.net. ORDB.org is a non-profit organization which
stores IP-addresses of verified open SMTP relays. These relays
are, or are likely to be, used as conduits for sending unsolicited
bulk email, also known as Spam. Spamcop will list any IPs
that have been sending out reported Spam. If the Spam stops,
the IP is released from the database after 48 hours. By using
WebIntellects, you understand and approve of such filtering.
You understand that any person attempting to e-mail you from
a server in the Open Relay Database or Spamcop database will
be returned to the sender. If you do not want your service
subject to such filtering, then you understand you are free
to host your site elsewhere. For more information on ORDB.org,
please click here. For more information on Spamcop, please
click here.
NOTE: WebIntellects will open up IP Addresses if we feel
the IP Addresses were added to the third party database erroneously.
You will need to contact us and tell us the IP Addresses.
ILLEGAL ACTIVITY:Illegal activities, to include; unauthorized distribution
or copying copyrighted software, violation of US export restrictions,
harassment, fraud, trafficking in obscene material, and other
illegal activities will be reported to all regulatory, administrative
and/or governmental authorities. WebIntellects reserves the
right to report all such activities.
ACCESS:Access to our servers is for the express purpose of setting
up and managing your web site and e-mail. You are not to
use the access to compile or run programs that do not directly
relate to the web site. You will not view or attempt to modify
files that do not belong to you. It is a crime to access
any information in the non-public part of a computer regardless
of damage or security of the information. Any actions construed
to be negligent or malicious attack is strictly prohibited.
Under no circumstances may more than one person log in to
any dial-up account at any one time. Violators will be billed
as separate accounts and will be subject to immediate account
termination without warning and without any refund of unused
services.
RESOURCE USAGE:WebIntellects enforces a strict policy on resource use that
all accounts must abide by. In order to keep our servers
running at optimal levels, any sites running a process that
requires more than 8Mb of memory, more than 30 CPU seconds,
or uses more than 10% of all available system resources at
any time will be required to move up to a dedicated solution
or be hosted elsewhere. Web sites requiring the following
are also limited and may not even be allowed at all:
High CPU-use CGI Scripts - CGI script sharing with domains
not hosted by WebIntellects is not permitted. Any CGI-scripts
deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
If your web site has been shut down at another web host
for high CGI resource use, you will certainly be shut down
here as well. We will not allow a user's web site to affect
the other web site owners on our servers.
CGI-based Chat Rooms - WebIntellects does not allow customers
to install their own CGI-based chat rooms. Chat rooms tend
to require significant system resources and therefore cannot
be permitted as an account option. WebIntellects does offer
Java-based chat for its customers for an additional fee.
CGI-based Forums - WebIntellects does not allow customers
to install their own CGI-based Forums. YaBB and Ultimate
Bulletin Board Forums tend to require significant system
resources and therefore cannot be permitted. WebIntellects
recommends vBulletin or phpBB.
Background Running Programs and Cron Jobs - WebIntellects
may allow programs to run in the background. These programs
will be considered on an individual basis. Customers will
not be allowed to execute a cron more then once per hour
with WebIntellects. If you wish to run background programs
please contact us so that we can arrange set-up.
IRC - WebIntellects does not allow IRC or IRC bots to be
operated on our servers.
Webcams - WebIntellects does not allow web-cams to be refreshed
more then once in a 5 minute period. If you require a refresh
rate quicker then 5 minutes, you will need to host your site
on a Virtual Dedicated Server.
Hotlinking - WebIntellects does not allow hotlinking of any
kind (whether hosted by WebIntellects or hosted elsewhere).
This includes using your site to host images or content that
is being used in HTML e-mails sent in bulk.
UNMETERED BANDWIDTH POLICY:The purpose of the WebIntellects unmetered bandwidth policy
is to assure owners of standard operating web sites and small
businesses that they will not be surprise billed for bandwidth
usage. It is one less thing someone will need to worry about
while hosting their web site at WebIntellects. The WebIntellects
unmetered bandwidth policy does not cover certain web sites.
These include the following:
Web Portals/Communities/Forums - Any sites that have members
and/or forums.
Online Gaming - Includes online casinos and single/multiplayer
online games.
Image Galleries - Includes eBay or other online auction image
dumps.
Downloads - Any site that prompts for a download or has large
applets.
Audio/Video - Any streaming content, web-cams or audio/video
downloads.
Chat - Includes PHP and Java chat rooms. CGI-based chat is
not allowed on our servers.
Subdomains/Site Redirections - Any sites using our subdomain
feature or our web site redirection service to a subdirectory.
If you are planning on using our servers to host one of these
sites, WebIntellects will allow for 10 GBs of transfer per
month. You will be billed $10.00/10 GBs/mo thereafter. All
other accounts for personal and small business are allowed
unmetered bandwidth. If you adhere to our Terms and Conditions
of Use Policy and run a standard web site, you will be covered
under the unmetered bandwidth policy. (99.9% of all WebIntellects
hosted web sites enjoy unmetered bandwidth usage.) Accounts
that do not follow our Terms and Conditions of Use policy
are classified as metered bandwidth accounts and will be
billed accordingly.
99.9% UPTIME GUARANTEE:(1.) Coverage - This 99.9% Uptime Guarantee applies to any
WebIntellects client in good financial standing with WebIntellects
at the time of a service outage.
(2.) Service Level - WebIntellects endeavors to have the
content of your web site available for http access by any
party in the world 99.9% of the time.
(3.) Credits - In the event that your web site is not available
for more than 99.9%, WebIntellects will credit the following
month's service fee as follows. For any client, such credit
shall be retroactive and shall be as calculated below and
as measured 24 hours a day in a calendar month, with the
maximum credit not to exceed the monthly service charge for
the affected month.
Monthly
95% to 99.8%
94.9% or below Uptime Credit
50%
100%
In order for you to receive a credit on your account, you
must request such credit within seven (7) days after you
experienced the down time. You must request credit by sending
an electronic mail message to the WebIntellects Billing Department.
The body of this message must contain your account number,
the dates and times of the unavailability of your web site,
and such other customer identification requested by WebIntellects.
Credits will usually be applied within thirty (30) days of
your credit request. Credit to your account shall be your
sole and exclusive remedy in the event of an outage.
(4.) Restrictions - Credits shall not be provided to you
in the event that you have any outage resulting from; (i)
scheduled maintenance as posted from time to time at WebIntellects;
(ii) your behavior or the performance or failure of your
equipment, facilities or applications; (iii) circumstances
beyond WebIntellects' reasonable control, including, without
limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party
services, including DNS propagation, domain name registration/transfer,
failure of third party software or hardware or inability
to obtain raw materials, supplies, or power used in or equipment
needed for provision of your web site; or (iv) a client breaking
any item in WebIntellects Terms and Conditions of Use policy
causing a machine to fail as a result. Dedicated Server customers
are only guaranteed 99.9% uptime for network connectivity,
not server performance.
24-HOUR TROUBLE TICKET RESPONSE TIME GUARANTEE:(1.) Coverage - This 24-Hour Trouble Ticket Response Time
Guarantee applies to any WebIntellects client in good financial
standing with WebIntellects at the time of the trouble ticket
submission.
(2.) Service Level - WebIntellects endeavors to have all
trouble tickets opened with the Control Maestro™ Panel
responded to within 24 hours after initial submission.
(3.) Credits - In the event that your trouble ticket is
not responded to within 24 hours, WebIntellects will credit
your account $10.00 USD per incident. In order for you to
receive a credit on your account, you must request such credit
within seven (7) days after you notice the break in the guarantee.
You must request credit by sending an electronic mail message
to the WebIntellects Billing Department. The body of this
message must contain your account number, the date, the time
and the trouble ticket number, and such other customer identification
requested by WebIntellects. Credits will usually be applied
within thirty (30) days of your credit request. Credit to
your account shall be your sole and exclusive remedy.
(4.) Restrictions - Credits shall not be provided to you
in the event that you do not have a response within 24 hour
resulting from (i) scheduled maintenance as posted from time
to time at WebIntellects, and/or (ii) circumstances beyond
WebIntellects' reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party
services, failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used
in or equipment needed to respond to trouble tickets.
TRADEMARK AND COPYRIGHTS:You hereby agree and warrant that any material submitted
for publication or use through your account(s) will not violate
or infringe any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything
libelous or harmful, and you indemnify WebIntellects as to
the same.
The Digital Millennium Copyright Act ("DMCA")
sets forth the requirements for valid copyright infringement
notification. WebIntellects takes all allegations seriously
and will investigate each notice immediately. Once WebIntellects
receives your infringement notice, we will notify the web
site owner that they will have 24 hours to either (i) take
down or remove the disputed material, or (ii) provide a counter-notice.
WebIntellects still reserves the right to remove or take
down material immediately without any prior notice.
If you would like to notify WebIntellects of an infringement
of your copyright, the DMCA requires that you:
Send your notification to WebIntellects, Inc. You may use
one of the following two avenues for this notification:
Fax to: WebIntellects, Inc. , Attention: Abuse at (760)
477-1111
Mail or courier to: WebIntellects, Inc., Attention: Abuse,
2420 Grand Ave, Suite G-2, Vista, CA 92083
Include in your notification the following information
A physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner's behalf
(the "Claimant")
Identification of the copyrighted work(s) claimed to have
been infringed.
Identification of the material claimed to infringe the copyright(s),
and enough information for WebIntellects to locate it.
The Claimant's name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that
use of the disputed material is not authorized by the copyright
owner or his agent.
A statement, under penalty of perjury, that the information
in the notification of copyright infringement is accurate
and that the Claimant is authorized to act on behalf of the
copyright owner.
If you wish to learn more about the Digital Millennium Copyright
Act, click here.
PRIVACY POLICY:When you visit our Web site, we do NOT collect your e-mail
address(es), aggregate information on what other pages on
the Web you have accessed or visited, user-specific information
on what pages you access or visit unless volunteered. Information
volunteered by the consumer, such as survey information,
online sign ups, and/or site registration will never be released.
When using our services, we agree to NEVER release your e-mail
addresses(es), domain names, and/or any other personal information
to anyone at any time. For your privacy, we will also not
reference any domain names we host. For more information,
please view our Privacy Policy.
BACK-UPS:Full back-ups are made weekly, and back-ups of new/changed
data made nightly. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these back-ups.
Back-ups are made for server restoration purposes only. It
is the clients' responsibility to maintain local copies of
their web content and information. A "Back-Up/Restore" feature
is included with each hosting plan and a client can use this
tool to back up their files. If loss of data occurs due to
an error of WebIntellects, we will attempt to recover the
date for no charge to the client. If data loss occurs due
to negligence of a client in securing their account or by
an action of the client, WebIntellects will attempt to recover
the data from the most recent archive for a $30.00 fee.
ACTIONS TAKEN:The failure by a customer to meet or follow any of the Terms
and Conditions of Use is grounds for account termination.
WebIntellects will be the sole arbiter as to what constitutes
a violation of the Terms and Conditions of Use. WebIntellects
reserves the right to remove any account without prior notice.
When WebIntellects becomes aware of an alleged violation
of its Terms and Conditions of Use, we will initiate an investigation.
During the investigation, WebIntellects may restrict a customer's
access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation, WebIntellects
may, at its sole discretion, restrict, suspend, or terminate
a customer's account and/or pursue other civil remedies.
If such violation is a criminal offense, WebIntellects will
notify the appropriate law enforcement authorities of such
violation.
WebIntellects does not issue credits for outages incurred
through service disablement resulting from Terms and Conditions
of Use violations. WebIntellects does not issue refunds for
accounts terminated for Terms and Conditions of Use violations.
WARRANTEES:
THIS SERVICE IS PROVIDED AS IS. USE IT AT YOUR OWN RISK.
THERE ARE NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF SALABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. WEBINTELLECTS IS NOT RESPONSIBLE FOR HARDWARE
OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL
OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY
TO USE, THIS SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY WEBINTELLECTS, ITS EMPLOYEES, LICENSORS OR THE
LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH
INFORMATION OR ADVICE. WEBINTELLECTS AND ITS PARTNERS AND
SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE
OF THE SERVICE.
INDEMNIFICATION:CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD WEBINTELLECTS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST WEBINTELLECTS, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY
SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR
ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBINTELLECTS
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH WEBINTELLECTS' SERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON
THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WEBINTELLECTS'
SERVER.
GOVERNING LAW:
In the event of litigation both parties agree that the Law
of California shall apply and both parties consent to the
jurisdiction of the state courts of San Diego, California,
or in the event of diversity of citizenship, the United States
District Court for the Southern District of California. Both
parties expressly waive a trial by jury.
CHANGES:
WebIntellects reserves the right to modify or otherwise
amend this policy without prior notice or warning.
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